| Germantown Times |
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During my campaign for town board, a letter was sent to the Register-Star critical of my candidacy. The letter was signed with the title and position of a town employee. I felt this was a violation of the town Code of Ethics. I took the matter of the letter to the Board of Ethics for a ruling on whether this was appropriate. In my letter, I cited a ruling of the New York State Ethics Commission in Advisory Opinion No. 98-12 that said: … no State employee may use his official title, position or authority in any campaign activities… I said prima facie that the employee had used his title and position in signing the letter sent in the middle of a campaign. Catch-22. In the fifteen years since the state and town’s codes were adopted, Germantown’s code has never used or updated its code, while the state has done so many times. As my letter indicates, Germantown’s Code of Ethics mirrors the language of the New York State Code of Ethics. It logically follows that Germantown would use the findings of the state in interpreting the code. On February 6, 2008, the Chairman of the ethics board wrote to the town board. He said, “After interviewing both parties and investigating outside sources we find there is no proof of violation of Germantown Local Law #1 of 1992 which establishes and defines a Code of Ethics for the Town of Germantown.” In the next paragraph the Chairman writes, “In order to avoid any future problems, we recommend that the Town Board adopt an amendment to Section 4 of the 1992 Local Law #1 in accordance with an advisory opinion of the New York State Ethics Commission, as follows: No Town employee may use his or her official title, position or authority in any campaign activities … [further detail in the letter]. In his cover letter to me, the Chairman wrote: “We hope our recommendation to the Town Board for an amendment to 1992 Local Law #1 will prevent any similar situations in the future.” What? Let’s begin at the middle. I wrote to the Chairman and members of the Board of Ethics on Wednesday, January 23, 2008. On Friday, January 25, Chairman, Thomas Colwell called me and asked if I would come to an informal meeting on Saturday, January 26 at town hall. He said board member Faythe Smith would be there, as would Austin Sullivan, the town employee I charged with using his official title in the letter to the Register-Star. I agreed to come. When we gathered, Mr. Colwell said that council member Joan Snyder wanted to attend the meeting. I said I would not agree to that. Council member Snyder said she had been requested to do so, by town supervisor Roy Brown. Chairman Colwell said that if I did not agree to her presence, she would not be allowed in. That was that, except that there was a flurry where it was discovered that the Board of Ethics had to have a town official on it; that Chairman Colwell was a town official when he was town judge, but had recently retired from the post. Who was the town official? It transpired that Chairman Colwell having recently been appointed a member of the revamped police commission was therefore a town official. Having gotten through that, we began our informal hearing. I won’t go through the details of the discussion, except over a drink. Chairman Colwell and member Smith were exemplary in their conduct of the hearing. I was given a complete opportunity to make my case, Mr. Sullivan ample opportunity to reply and explain. The questions asked by the board members were fair, honest, searching and thoughtful. After a time, Chairman Colwell called the hearing to a close. Within two weeks, I received the letters I cited above, from the Chairman. So what is the problem? The problem is the Board of Ethics finds “no proof of violation…” That is apparently because the Germantown Code of Ethics does not contain the language now being recommended by the board as an amendment to Local Law #1 of 1992. This means that Germantown does not recognize the applicability of the state law and the case law accumulated over the past 15 years to the local law. Therefore every breach of ethics defined by the State will not be a violation for a Germantown employee until the matter has been brought to the attention of the local Board of Ethics and an amendment passed making it a violation. Maybe I’ve got this wrong. In the next election cycle if a Germantown employee uses his title and position in a campaign activity, unless Germantown passes the proposed amendment the employee will not be violating the Germantown Code of Ethics. And so it will be for the hundreds and hundreds of advisories issued by the New York State Ethics Commission. When a matter is brought before the Germantown Board of Ethics, it logically will be dismissed because it is not part of Local Law #1. I won’t belabor the point. I enjoyed the exchange with the board members. They were attentive and respectful. I think their conclusion presents some problems. The town board should resolve this matter or the Board of Ethics will not be able to apply the laws and rulings of the state to its employees. There will be no point in having a Board of Ethics. Arthur Schiff |
Propose an amendment that the Germantown code shall comply with the state code without having to be amended every time the state code is amended. Marilyn Do you have a legal team working on preemption theories? Muz |
From Wikipedia section 2) of the United States Constitution states that The Laws of the United States, (which section 2) of the United States Constitution states that The Laws of the United States, (which shall be made in Pursuance to the Constitution), shall be the supreme Law of the land. Thus, made in Pursuance to the Constitution), shall be the supreme Law of the land. Thus, when there when there is a conflict between a state law and federal law, the federal law (subject to the Tenth conflict between a state law and federal law, the federal law (subject to the Tenth Amendment Amendment and Fifth Amendment and other Constitutional Law) trumps – or "preempts" – the Amendment and other Constitutional Law) trumps – or "preempts" – the state law. The term is state law. The term is also sometimes used to refer to the displacing effect state laws might The term is also sometimes used to refer to the displacing effect state laws might have on sometimes used to refer to the displacing effect state laws might have on ordinances enacted by municipalities. (Emphasis added.)have on ordinances enacted by municipalities. (Emphasis added.)municipalities. (Emphasis added.)(Emphasis added.) |
See responses, below.
Dear Arthur Once again I find myself agreeing with you on an issue but disagreeing with your actions. If you are attempting to prove that our Code of Ethics needs to be updated because it may not be in sync with current standards, then I agree it should be reviewed. However, it appears to me (and many other folks), that you brought about an ethics hearing just to prove a point. If that's the case then we part ways in the manner in which this issue should be handled. I think we both agree that individuals should be encouraged to express their political opinions via the media. I think we also agree that our youth are generally uninterested and uninvolved in our political system. Therefore, it's refreshing to see the young express their opinions, even if we disagree with them. In this particular case the letter writer happened to be a town employee and his title was used (with or without his permission) in the newspaper. As you know, both Jerry Smith and myself took exception to some of the things in his letter and we responded with a letter of our own. What is less widely known is that both of us addressed our issues directly with the young man. We also expressed our concern that his official title had been used in a letter that expressed his personal opinions. He responded to our concerns in a courteous and heartfelt manner. Both of us consider the matter and closed and have been working closely with him to improve our town and to better serve our residents. employee and a volunteer. In addition, he has served his country in the armed forces. From his earliest teens he has worked as a lifeguard, protecting our children and teaching them to swim. He is always courteous, efficient and helpful. Just the type of young man we should all be proud to have representing our town. With this in mind I can see nothing positive in dragging him before an ethics committee just to see what will happen. Both Jerry and I took the opportunity to address our grievances directly with him. I wish you had done the same. In regards to our Code of Ethics, I encourage you to continue to research the matter. I would appreciate your help in finding examples of codes that better define the ethical issues which may arise. Once we have identified a viable alternative, I will personally see that the issue is brought before the Town Board for consideration and I will make sure you get credit for your efforts. Lets work together on this and leave old grudges from the last election out of it. With kindest regards, -Joel |
Joan K. Davidson appointed to head Quadricentennial Commission Columbia County at the heart of an intersection of historic dates in the history of the New York State and the nation. and the nation. As reported in the Register-Star, "The Commission was established to commemorate the upcoming 400th anniversary of Henry Hudson's and Samuel de Champlain's voyages along the river and lake that bear their names. It is also focused on organizing a celebration of the 200th anniversary of Fulton's successful establishment of steam commerce on the Hudson River." Governor Spitzer said, "Joan K. Davidson will be an extraordinary leader of this effort, bringing local governments, cultural institutions historians, environmentalists, businesses and the public together in this exciting endeavor. We are grateful for her willingness to help shape this very exciting effort." Ms. Davidson said, "I feel the story of New York and America began when Henry Hudson in his Dutch ships set sail for the New World. People came here from everywhere, and they're still coming from everywhere; that's what makes us strong." Larry Osgood of Germantown said, "Under the direction of Joan, the celebrations will be first-rate; something we will all be involved with in the river towns." He added that the Tricentennial of the arrival of the Palatines in Germantown will take place in 2010. Read the full story in The Independent. What are your thought and comments? Send them to us. |
The meeting was called to order promptly at 7:00PM by Supervisor Roy Brown. Present: Roy Brown, Joel Craig, Joan Snyder. Absent: Smith and Lamberta Bruce Bohnsack was asked to introduce the new videographer, Dan Udell, who was operating the video camera. This is part of GTEL’s commitment to improve and expand its documentation of public meetings within its area. [ Those of you who get the Cable coverage of the meetings can look for better image and audio. Ed] The usual business was dispatched: approval of minutes of January 7th and Jan. 28th, and the motion to pay audited bills. There were no written Communications from the public to the Town Board. Town Department Heads Reports: Anthony Cidras gave a report about the efforts made to clean up the area behind the maintenance shop. The furnaces have been cleaned. They are getting estimates for improvements for the Parsonage buildings and the windows and doors at the Youth Activities building. He reported one incident of vandalism: the Coke machine was damaged. They have slightly changed the dimensions of the planned pavilion at the Dales Bridge park area to make it less expensive. Department is asking Town Board to think about providing a new truck. Rich Jennings sent in his report, which was given by Austin; New Loader is due any day now. Activities include plowing and sanding roads, clearing ditches, cutting dead trees that pose hazards. They have built a storage area above the parts room in the Town Garage. Generally keeping up with the demands of winter. Roger Rekow , Police dept., reports: There were 146 hours worked this period. 2 auto accidents, 1 assist to another department, 1 assist motorist, 1 road hazard, 1 alarm, 1 animal carcass removal, 1 child protection services, and 1 arrest warrant issued. The Draft Police Manual has been returned by the County Sheriff’s office and is to be reviewed by the Town Board and the Town Counsel and will be ready to be presented to the public. “This will help us all play by the same rules”, said Mr. Rekow. Committee Reports: Keep Farming: Chuck Abraham reported on the recent meeting of the Keep Farming Committee, which was attended by representatives of the three communities, Germantown, Clermont and Livingston, The sponsoring organization, Glynwood Center, is ready to conduct a meeting designed to inform elected officials about specific strategies they can consider taking to promote farming in their community. They will be given a packet of information to review before that meeting to be held on March 29th. Germantown Economic Committee Corrine Curry reported that the committee has been re-named to reflect a broader view of its mission. Re-Zoning committee: Joel Craig: Their first meeting will be on March 3rd at 7 PM. They will focus on discussion of the scope of their inquiry and try to set up a time-line. Park Commission: Mike George reports that they are working to draw up new policies & rules for the use of Park buildings & property. Because of conflicts in schedules the annual Fourth of July celebration will be held on….June 28th!! This is better for both the vendors and the fireworks providers. They are working with young people and planning the summer program. Four young people are signed up for Lifeguard training, so we should have the coverage we need this summer. Old Business: Discussion about the two derelict & vacant properties that had been given a one month extension to resolve their problems. Resolution tabled until next month’s meeting when there is a full Board. Martha Lorenz Van Allen Memory Tree. Austin presented a report on money bequeathed to the town by this local resident. A recommendation was made to use the funds to purchase a mature evergreen tree to plant to be used as a Memory Tree and decorated for the holidays. There would also be a 6 ft. bench with Mrs. Van Allen’s name on it. In addition they are considering a sign for the public parking area. Generator Service Agreement approved New business: Resolution to Support NY Association of Towns supporting the eligibility of non-lawyers to serve as municipal judges. Resolution to support efforts to keep Hudson Correctional Facility open. Appointment of Court Clerk: Tracy Gallant was approved. Appointment to Columbia County Youth Advisory Board. Row Brown asks for any recommendations of a young person who would like to take on this responsibility. Discussion of abandoned property: As above, but another property, identified by John Fieser, Town Inspector. Collapsed pool, 6 abandoned cars. Notification will go out and a public hearing will be set prior to the next Town Board meeting on March 17th. Caleb Fieser Proposal; Mr. Fieser has put together a plan to conduct a Charity Canoe Race on an 18 mile stretch of the Roe Jan River. Funds that are raised will go towards the cost of cleaning up the river banks, removing trash and cutting appropriate tree stumps & branches. The DEC will advise him on the allowed removal of debris and the care that must be taken for the protection of wildlife & certain plants, etc. The Germantown Neighbors Association will provide the fiscal umbrella to allow tax-deductible donations. Town Board Members approve effort and agree to help with removal of debris, as they had done for the clean-up of the Hudson River banks. Joel Craig reminds attendees that the new Public Library is now open and we should enjoy it! He says the Little League needs permission to pour concrete pads for their dug-outs at the ball field. A letter was received from the Ethics Committee asking for a review the Town’s Code of Ethics. This will be discussed next month when there is a full Board. Supervisor’s Report: Roy Brown has set a date for the first Quarterly Open Public Forum. This will be held at 7 PM on Thursday, March 6th . This session is designed to provide the public the opportunity to bring their concerns to the Town Board. Next Town Board Meeting will be on Monday March 17th at 7 PM. a public hearing about the abandoned property will convene at 6:30 PM that same evening. Public Comments. Kay Abraham spoke. At the Germantown Democratic Organization’s last membership meeting she had been authorized by a unanimous vote to urge the Town to move forward and adopt the Comprehensive Plan. She cites “legal limbo” that surrounds the Plan’s mandate. Roy Brown answered that they had been advised that the process of revising the zoning laws could take place and that both the Comprehensive Plan and the newly revised zoning laws could be adopted together. There is conflicting opinion that the Plan must be adopted first. R. Brown is attending a conference at Pace University where this will be discussed. Joel Craig says the Rezoning committee will examine the specific areas in the Comprehensive Plan that will affect the zoning laws and the committee will focus on what can and should be done to conform to the proposed plan. He is confident that it will move forward. On another matter Mrs. Abraham praised the efforts of Caleb Fieser to make the Canoe Race a reality and said it will be a good thing for the community—as well as for the other two towns that abut the river along the route, Clermont & Livingston Meeting adjourned 8:20 PM |
I received corrections and more accurate language from Larry & Joel, which are incorporated into the following. I have underlined a few critical new phrases or words.: me this morning with a report. The meeting started at 7 PM with all committee members present except for Grace Ann Lamberta and John Fieser both of whom were away. Joan Snyder sat in as a replacement for Grace Ann Lamberta. There were just two members of the public attending: Larry Osgood and Art Cady. Chairman Joel Craig led the group through the opening steps defining the task before them. They are using the proposed Comprehensive Plan as the basis to make sure that any changes in the Zoning laws conform to the Plan. They will move from the "theory to the practical in order to make the Comprehensive Plan work in black & white." [This is an approximation of Joel's words--Ed.] The Committee will meet twice a month and hopes to have its work completed within a year. Because of the amount of discussion and research involved to arrive at a finished recommendation the Committee is considering a moratorium for a year or more for applications of any major subdivisions or developments. They will look at what other towns have done in this regard. Some towns have had a flat moratorium; others allow for at least a preliminary review of projects during the moratorium. After research the committee will make a recommendation to the Town Board. Joan Snyder asked how that might affect Taconic Farms if they had something that might come under the definition of development. Joel said that Taconic Farms, having an Agricultural designation, would be exempt from many requirements. It was understood that Taconic Farms was not considering anything now. To move forward in their task the committee members were given a list of approximately 25 specific instances where the Comprehensive Plan intersects with Zoning law. In order to start with an area that was fairly limited and contained they chose to begin with the current rules about properties designated as Historic. They will compare the language used by other towns with what we have and how it conforms to the Comprehensive Plan. The Committee expects to look at the whole general Zoning Law to tidy up any discrepancies even though they might not have been identified by the Comprehensive Plan. They want to eliminate any vague, overlapping or contradictory language while they are looking at the Law in general. Also, Joel believes that some things would be more appropriate for Town Law, rather than Zoning Law, such as decrepit buildings, junk, etc. Another issue that the Committee is faced with is the re-drawing of the Zoning map. This task will come later in the year when zoning issues are settled but it should involve expertise that needs to be budgeted. Note from Joel Craig: discussion of a planner focused on creating an RFP and looking for responses. The fact that figures were tossed around has no bearing on reality because at this point we haven't even discussed what the actual scope of a planner's duties will be. JC Any cost could be budgeted over two years, lessening the impact on the taxpayers. The Chairman asked for someone to serve as the Secretary but had no volunteers. It was suggested that the job be on a rotating basis, but nothing was resolved. The next meeting of the Committee will be on March 31st at Town Hall at 7 PM. Please advise of any errors or omissions . |
GDO NOTES from KAY: Germantown Round Table This was a very interesting meeting. Free-flowing conversation among 20-25 people, and everyone got their turn when they wanted it! The meeting was held in the Town Board chamber but instead of having the chairs set facing the Board at the dais the chairs were placed in a large circle about the room. The attendance reached about 25, plus Board members and the Supervisor. Among those attending were five young people who were assigned to attend local governmental meetings by their History teacher, Robert Beaury (now Municipal Judge Beaury). They were there to observe and we couldn’t get any comments from them during the discussions. At the beginning, there were only about 10 or 12 people there and discussion turned to why was attendance so low. There were comments back & forth about what efforts were made to publicize the event. There was a short article in the Independent. The idea of a Town sign or marquee on Main Street was proposed. Roy said options for that are being looked into. By that time, more had joined the group to form a well-filled circle. Roy said he had a “slightly controversial subject” to raise but asked if there were any other issues that might be discussed first. Dorothy Montague asked what is being done to organize for the 400th (in 2009) and 300th (in 2010) anniversaries coming. Joan Davidson has been appointed to be head of the statewide Celebration Committee for the 400th. Anniversary of Hudson’s & Champlain’s exploration. Roy Brown said he had just been at a luncheon where the 400th had been discussed. There are state dollars that are being given to the County, which will distribute funding to Towns that come up with good ideas. The effort by Caleb Fieser to stage a canoe race and subsequent clean up of the Roe-Jan in May will play into the 400th, with its focus on the role of the Hudson River. It has been said that Hudson anchored his ship near the mouth of the Roe-Jan. For the Germantown tri-centennial in 2010 there is no committee established yet. Dorothy said that any efforts to organize something for the 400th could segue into Germantown’s celebration the following year. The Tri-centennial is truly Germantown’s anniversary, Larry Osgood pointed out. Focus on historic local buildings like the Parsonage and also Peter Fingar’s effort to renovate the historic old well by the pond. Harold Farberman says there’s a lot of talent around so our celebration could have art, music, something special about the unique history of the Palatines. Sally Drummond said she thought the Hudson River shore should be the focus. Are there problems building any facilities there? Build a Gazebo? Roy Brown says that anything done along the River has to be consonant with DEC guidelines. There was a suggestion that the celebration should be in concert with the Town’s 4th of July events. Park Commission and History committee need to be involved. There was a general consensus that we need a committee to deal with the many ideas and options for addressing the two anniversaries. Dorothy Montague said she would try to bring a committee together but does not want to be the chair. Larry Osgood brought up the question of the status of the Comprehensive Plan vis-à-vis the Town Board. He had attended the organizational meeting of the Rezoning Committee and observed that the path established was to use the C.P. as a basis for the movement forward on addressing making the zoning conform to the ideals of the CP—but that it has not been yet adopted by the Town Board. Roy Brown says that they had been assured by the Attorney, Jason Shaw, that a parallel process was desirable and legal and was recommended by many knowledgeable sources. Joel Craig said that he felt comfortable guiding the process on this basis and that it can be done that way although other experts say the Plan must be adopted and the zoning then changed to conform. Roy will be attending a session conducted by Pace University that will clarify the reasonability –and legality—of this approach. Bruce Bohnsack objects saying that delay in approving the plan is a “slippery slope” downwards to the dilution of the Comprehensive Plan’s purpose. Art Cady suggested it was reasonable to do the research and discussion of potential zoning changes and make adjustments to the Comprehensive Plan if necessary. Bruce says the mission of the CP is to be community driven and it is not to be altered by a committee of ten whose recommendations are contrary to the desires of the community. Roger Rekow says the committee could identify specific problems and return it back to the Comprehensive Plan Committee to resolve. Cady says examination by the Rezoning Committee will shake out any real problems or conflicts. Ellen Epstein says Rezoning Committee may have to redefine its process as it deals with handling their work in a parallel manner. There are not many specifics within the Comprehensive Plan, it’s mostly conceptual. Jerry smith asks if they (the Town Board) can make any changes to the zoning laws before the CP is adopted? Ellen: If they do it may wind up being illegal or at least subject to court action. Harold Farberman asks what if a real problem, a conflict between what the Rezoning Committee wants and what is in the CP? Dorothy M says they would have to have a negotiated solution. Bruce Bohnsack says the Comprehensive Plan is what the community wants and the zoning must comply. Resolution will be needed. Joel says the Rezoning Committee will be meeting twice a month “or more.” Although the meeting is open to public attendance the public may not speak (these are working sessions) but Joel says he will always hear someone out after the meeting. Joan Snyder says that in the class she attended it was said that the zoning laws must be in agreement with the Comprehensive Plan. Margaret della Cioppa said that a good step was the funding of a professional Planner’s consulting fees in the budget. That should help... Don Westmore says the plan could be adopted but with a codicil saying that some future changes may be made. Bruce says there are other issues in the Comprehensive Plan that could be addressed if it were adopted, such as junk laws. Jerry Smith says the Town Board can begin looking at non-zoning issues. Kay Abraham brought up an article about the town of Chatham receiving a $25,000 grant to take steps to help maintain local farming. Roy says that possibilities for grants come across his desk all the time and it’s hard to sift through them for any that would be good for Germantown. Sometimes there is a significant downside to seeking grant funding; However, they have no one to write for applications in their staff. Harold Farberman and Dorothy M. both say there is talent in the town that might be sought for help. Roy Brown returned to the slightly controversial issue he had mentioned at the beginning of the meeting: He had received a call from Mr. Terranova wanting to know what the status of the Comprehensive Plan was. Roy Brown mentioned that the town may adopt a moratorium on developments or large subdivisions until the new Zoning Laws are established. Mr. Terranova wants to have a meeting with two members from the Town Board and the Planning Board and the ZBA for him to gain a better understanding of what his options are. He wants to get a sense from the town about his project. Roy said that he knows that there is substantial opposition from the Lower Main Street organization and he knows that there are those who support the condominium plan, so Roy is aware that the whole issue is controversial. Several people said that a meeting with him is ill advised at this point. Last year the Planning board had asked Terranova to do the long form of SEQRA (State Environmental Quality Review Act) review before they could respond to any of what he had proposed and he had not done so. Ellen warns against giving anyone false hopes. It is quite expensive to do a lot of preliminary work without knowing if a project has a chance to go through. Joel and Roy feel that it would be good to give him a notion of what he can expect. Larry says “what can he expect?” Ellen says What can we tell him since there is no proposal before us? Jerry Smith says Terranova bought the property knowing the conditions [problems with the mixed zoning and the topography. Ed] “If you want to hang on, hang on; if you don’t—sell it” Joan Snyder says she thinks we should at least meet with him. Grace Ann says the condominium development is an economic good for the community and she ran on favoring it in her election, “and I won.” so it must have sound backing by residents. Dorothy M says that it’s been proven that residential development always costs more to a community [infrastructure, services, and schooling. Ed.] than other kinds of development. Roy asks if the housing proposed were on some other parcel away from the River would the issues still be such a problem? Someone [I didn’t get the name written down and can’t remember who said it. Ed] said that the issue of water might be a problem anywhere and would have to be resolved. Roy asks if there were a proposal for a retirement community would that be as controversial? Dorothy says that building such a project is very complicated with many regulations and requirements, but that cluster housing for seniors is desirable. Hard to make it fiscally sound. Roger Rekow says there are a few such places—not retirement homes but nursing homes-- that have gone bankrupt but the facilities can be bought and used for other purposes. Assisted Living facilities serve a public need and also provide numerous jobs as well, on a 12 month a year basis. Sally Drummond says there is one issue she wants to speak about: The need for Air monitors. She refers to the recent story in the press about the Lafarge Cement Plant emitting an extraordinary amount of Mercury into the atmosphere. General questions about what agency determines when air monitors are established. Why is there reluctance to place them? asks Roger Rekow. Answer: basically is money & politics. Dorothy M says the GNA is actively seeking some action about air monitors. I left the meeting at 8:30 PM Margaret della Cioppa reported to me that after I left Jerry Smith brought up two issues: the potential increase in cost for the Northern Dutchess Ambulance Service and the projected shortfall in sewer revenue. Roy said that on the Ambulance issue we were ok until the end of the contract and then they (the Southern Columbia towns that share the service) would be negotiating as closely as possible. There was general discussion about possible remedies for the sewer fiscal problems, expansion of the district adjusting the rates, encouraging new businesses, etc. There was hope that new businesses could be encouraged by adjusting the initial yearly rates. The meeting closed by 9 PM Kay Abraham 537-5404 Additions and corrections welcome |